Confirmatory results from yesterday’s possible positive test for HIV by an adult performer have come back negative indicating a false positive. Production can resume immediately.

It’s important to remember that production holds are part of a functioning safety system. So long as performers have private lives, we can never eliminate their risk of contracting HIV. However, we can make sure that should a performer contract HIV, that we stop it before it is transmitted to other performers.

We understand that production holds are difficult, but they are necessary for the system to work. In the meantime, we thank everyone for observing the production hold.

The Free Speech Coalition is calling for a precautionary production hold after a possible positive test for HIV by an adult performer using the PASS (Performer Availability Screening Service) system. The test has not yet been confirmed, and we will know if it is a true positive or false positive in the next day. If it is a false positive, we will lift the hold within the next few days. Nevertheless, out of an abundance of precaution, we will be retesting anyone who might have had contact with the performer within the testing window, and asking that producers stop filming until we know more.

The adult industry periodically calls for production holds when any possible positive tests surface.

Michael Weinstein has proposed a dangerous ballot measure based in bias, fear and outdated morality. Rather than supporting adult performers, or promoting safer sex on sets in California, the new initiative will actually limit sexual health choices for performers on-set, and will augur the destruction of the testing and safety standards that have kept California adult film sets among the safest in the world.

With this measure, Michael Weinstein plans to divert millions of dollars that would otherwise go to HIV care and prevention to fund his personal obsession with the adult film industry. According to the official financial summary, the initiative will cost taxpayers “tens of millions of dollars,” if not more, and push “thousands of jobs” out of California. Weinstein’s relentless campaign against the adult industry in California has already resulted in an exodus of adult businesses to other states, and the loss of countless jobs and tax revenue. It has not resulted in safer sets, nor have any of his efforts been supported by the performers themselves.

The initiative is not about forcing the adult entertainment industry to use condoms; it’s about Michael Weinstein gaining control over it. If passed, Weinstein would be in charge of monitoring adult film, and would be able to personally file an unlimited number of lawsuits directly against adult film performers, producers and agents even if there was no apparent any harm or injury.

The initiative grants Weinstein the power of the California Attorney General; paid for by taxpayers and subject to impeachment only by a vote of the entire California Legislature. We should all work to constantly improve set safety, but an unimpeachable, state-subsidized porn czar is that last thing California needs. We expect this measure, like his previous failed attempts, to face widespread opposition by performers, public health officials, free speech advocates and HIV outreach organizations.

According to a report by the California Legislative Analyst’s Office, a proposed state ballot measure that ALLOWS ANY CALIFORNIA resident to sue an adult film company, performer or distributor, could cost the state tens of millions of dollars through loss of massive tax revenue.

The Legislative Analyst’s Office, the California Legislator’s non-partisan fiscal and policy advisory, suggests that the proposed initiative could result in the migration of the billion-dollar adult industry from California or underground.

“The state stands to lose tens of millions of dollars in tax revenue, and thousands of vital jobs for what is essentially a one-man moral crusade. This analysis supports what we’ve been saying for years. It’s costly and wasteful and would ultimately hurt performers,” said Diane Duke Free Speech Coalition CEO.

Performers have largely opposed similar legislative proposals, taking the position that any effective regulation needs to begin with performer choice.

The proposed ballot measure would result in a taxpayer-subsidized office that would be tasked with the review of every adult film shot in California to establish that a condom was used. Additionally, under the proposed initiative, Michael Weinstein, head of the controversial AIDS Healthcare Foundation, could be sworn in as a quasi-Attorney General, a position paid by taxpayer dollars, and could only be removed from that post by a vote of the California Legislature.

“Weinstein’s obsession with adult films will cost California tens of millions of dollars in tax revenue and will result in a loss of critical services for our communities, said Duke. “Weinstein wants to line his pockets with taxpayer money and appoint himself as Attorney General.”

Free Speech Coalition is proud to announce its affiliation with First Entertainment Credit Union. Active FSC members and their families now can become members of the credit union for their personal banking needs.

“This has been a goal for FSC and our members for several years. We are thrilled to be able to offer active FSC members and their families the opportunity to access First Entertainment for their banking needs and many other financial services,” FSC CEO Diane Duke said.

“Especially because of difficulties faced by industry members that have had their business turned away by other institutions,” Duke added, “it’s so important to establish a relationship with First Entertainment, to provide benefits to FSC members.”

Services provided include savings and checking accounts; consumer, auto and home loans; credit and debit cards; financial planning, as well as financial education resources.

First Entertainment Credit Union was originally established as the credit union for Warner Brothers studios, but now offers services to many local industries and businesses. With branches in Burbank, Culver City, Encino, Hollywood, Los Angeles, Santa Clarita, Santa Monica and Studio City, members also can access online banking and ATMs nationwide.

For a complete overview of First Entertainment, visit their website. FSC members that would like to open an account should visit a nearby First Entertainment branch location.

For information on how you can become an FSC member or take advantage of FSC member benefits, contact joanne@freespeechcoalition.com or (818) 348-9373.

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Whatever your opinion of the film and books, the 50 Shades of Grey phenomenon is being treated as if it were the final victory over prudish sex censors. But the real answer is a bit more complicated.

For three decades, the Free Speech Coalition has argued that the government has no right to tell adults what books they may read, what films they may watch and what–if any–pleasure products they can enjoy. And while we’ve often been successful, censorship is cyclical. Historically, for every gain we make, we face a backlash that threatens to roll back those rights. The ubiquity of 50 Shades may be one of them.

So while adults in media centers like New York, LA and San Francisco can freely explore sexuality, many — at home and abroad — can not. While we’re often aware of restrictions in places like Iran, China or Malaysia, many are in our back yard. Below some important issues facing our right to read, write and watch what we want..

1. Public Libraries

At least four counties in Florida banned the 50 Shades book from their libraries, calling it “semi-pornographic,” and the book has been pulled from shelves in dozens others, from Georgia to Wisconsin. In many of these places, the waiting list was hundreds of readers long.

2. Pleasure Product Sales

While buying the 50 Shades book in Alabama is permitted, it is still crime to sell anything that might stimulate genitalia. Alabama’s anti-obscenity statute was challenged in 2009 by free speech advocates — but the ban was upheld by the state Supreme Court. Similar bans remain in effect in Virginia and Mississippi.

3. Erotic Writing

When we think of hardcore porn, we rarely think of written word. But Karen Fletcher, a 56-year old woman Pittsburgh was indicted on four felony counts over sexually explicit stories that she published on her personal website, Red Rose. Fletcher was attempting to process her own childhood sexual abuse, but Mary Beth Buchanan, a Bush-appointed anti-pornography zealot, decided the written material was so obscene as to be illegal — and Fletcher was arrested and found guilty. It was the first successful obscenity prosecution of a written ‘pornography’ since 1973, and set a dangerous precedent for similar prosecutions.

4. Banking Restrictions

Thanks to the Justice Department’s Operation Choke Point, many adult performers and businesses found their banks unceremoniously closed this past year. The DOJ’s Choke Point pressured banks to cut dealings with legal businesses, including porn that were “reputation risks.”

5. Limiting Performer Choice

If a proposed 2016 ballot measure passes, the production and sale of films shot without condoms would be banned within the state of California, limiting performer choice of health and safety options. Proponents of the measure say it as a public health issue, and that adult films should teach condom use. But adult performers are not sex educators, and have argued vehemently that condoms are less often reliable than the testing system currently in place, and that only they — not the government — should have ultimate control over their bodies.

6. Internet Service Providers

This summer, the UK made the production of visual material that includes many consensual BDSM practices, like squirting and caning, illegal. This comes right on the heels of another law that prohibits UK internet users from accessing adult sites unless they request explicit permission from their internet service provider. Given this, it’s unlikely that the 50 Shades movie could even have been made in the UK under these new laws.

7. Driver’s Licences

If Focus Features doesn’t abide by record keeping regulations (known as 18 U.S.C. 2257) for 50 Shades stars Jamie Dornan and Dakota Johnson, the producers could be prosecuted and even jailed. It’s unlikely to happen, since the law is usually applied selectively to adult producers, but in a conservative administration, that could easily change. During the Bush administration, adult companies were regularly searched for violations and even alphabetical misfiling of a driver’s licence could result in prosecution.

8. Zoning Regulations

Rather than censoring obscenity, many adult books stores, novelty shops and theaters have been shuttered under dubious nuisance laws, or through onerous zoning restrictions in conservative locales. While 50 Shades itself may be difficult to legally censor, censorship advocates have steadily stripped away the rights of merchants to sell pleasure products, videos and magazines to consenting adults. Paired with restrictions on shipping in more conservative states, and consumers can be left with adult ‘deserts’ — where access to adult material, not to mention educational material about adult sexuality, is severely limited.

9. Corporate Censorship

Google no longer accepts ads for adult companies, Apple won’t allow adult-themed apps, and sites like Facebook and Instagram regularly ban users who show so much as a breast-feeding baby. In some ways, corporate censorship (which need not abide by First Amendment protections) is more insidious than government censorship, especially as fewer and fewer companies control a wider and wider audience

10. University Bans

Academic discussions about sexuality are important and vital. And while in the past ten years we’ve seen important scholars like Linda Williams, Constance Penley and Dr. Chauntelle Tibbals approach the subject with nuance and rigor, others like anti-porn professor Gail Dines who have called for an outright ban on 50 Shades, comparing it to domestic abuse. Some universities, like Northern Illinois University, have blocked porn sties on their ISP all together.

11. Conservative Boycotts

Target is being boycotted for 50 Shades-themed items; theaters are being protested over implied sexual violence of BDSM. And thanks to pressure from anti-porn activists and morality groups, hotel chains like Marriott have pulled adult videos from their rooms all together.

The Free Speech Coalition has been fighting for the right of adults to make our own decisions about what we watch, read, write and if we can buy pleasure products. A donation to the Free Speech Coalition helps us makes sure that material with adult subject matter is legal and accessible, no matter who you are or where you live.

The Free Speech Coalition is only able to fight with your support. Please consider donating even $5, $10 or $25 to keep this important fight going.

The State Bar Association of California, Intellectual Property Section, will present a one-day conference entitled “Adults Only IP.” The speakers and panels featured at the conference will cover controversial areas of IP law, including topics relating to the adult entertainment and cannabis industries.

Several prominent adult industry attorneys will be featured speakers for panel discussions, including conference keynote speaker Paul Cambria. Attorneys Jeffrey Douglas, Michael Fattarosi, Allan Gelbard, and Greg Piccionelli also will take part in discussions.

Law students, IP Section members and non-members are encouraged to attend. To register, please click here or contact (415) 538-2508.

The conference schedule is as follows:

Growing Like a Weed: IP Law for Cannabis Businesses

The growing, processing and distribution of marijuana is already legal to one degree or another in about half of the 50 states + Washington, D.C.; it is already a billion-dollar a year business and is projected to grow to $8 billion (or more) by 2018. And that doesn’t include the ancillary businesses that support the industry: software, lighting & moisture control equipment, accounting and legal services, advertising, etc. Like every emerging industry since the founding of the country, with growth comes a host of IP issues. This panel will discuss them based on real experience to date.

Adult content is well known for being both highly infringed and a hot bed of questionable infringement accusations. Its unique place in our society leads to particular, and particularly interesting, challenges. Hear from our panel of experts about strategies and issues special to protecting adult entertainment content.

Larry Flynt, DMX, and Marilyn Manson, will share his experiences on the cutting edge of protecting and defending adult content. Over lunch, Paul will discuss the nexus of criminal law, constitutional law, and intellectual property, and examine how each influences the others when tackling such groundbreaking subject matter.

Keynote Speaker: Paul Cambria, Lipsitz Green Scime Cambria LLP

Getting Down and Dirty with the USPTO: IP for the Immoral and Scandalous

Dealing with unusual trademarks or patentable devices, especially those that may be considered obscene, scandalous, or immoral, can add extra complexity to protecting clients’ assets. Our panel of accomplished attorneys will share their experiences and tips for registering and enforcing potentially problematic marks and inventions.

In the Footsteps of Saul Goodman: The Ethics and Morals of Representing

Controversial Clients

What ethical duties arise when representing clients that may be engaged

in illegal ventures? What happens to an attorney’s reputation when

representing unpopular clients or unsavory topics? And is there a difference

between the ethics and morals behind these representations? Our panel of

experts will discuss these topics and their experiences representing marijuana

dispensaries, the adult entertainment industry, criminal defendants, and so

much more.

Speakers: Jeffrey Douglas, The Law Office of Jeffrey J. Douglas; Michael Fattorosi, The Law Offices of Michael W. Fattorosi, P.C.; Edward Lear, Century Law Group, LLC; David Welch, D|R Welch Attorneys at Law

Welcome to the FSC Blog

Billions of people enjoy adult entertainment, but very few know it as an industry. The adult industry faces special challenges; FSC's mission is to lead, protect and support the growth and well-being of the adult entertainment community, as well as represent a pro-adult voice to industry professionals, media and the public.

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